Wordie's Trustees v. Wordie [1915] ScotLR 306 (15 January 1915)

Wordie's Trustees v. Wordie [1915] ScotLR 306 (15 January 1915)

The bequest is valid and effectual because the class of beneficiaries—charitable institutions for women and children under Protestant management—is sufficiently certain, and the trustees have implied discretion to select among them.

Citation
[1915] ScotLR 306
Parties
First Parties: Wordie's Trustees; Second Parties: Miss Janet Wordie and others (next-of-kin)
Jurisdiction
Scotland
Judgment Date
15 January 1915
Procedural Posture
Special Case / Inner House, Extra Division, Court of Session
Outcome
Bequest upheld as valid and effectual; not void for uncertainty.
Legal Topics
Charitable Bequests, Certainty of Beneficiaries, Trustee Discretion
Trusts and Estates Charity Law Charitable Bequests Certainty of Beneficiaries Trustee Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Wordie's Trustees

First Parties

Miss Janet Wordie and others (next-of-kin)

Second Parties

Procedural Posture

Special Case / Inner House, Extra Division, Court of Session

Legal Issues

  1. 1 Whether a bequest to 'such charitable institutions or societies which exist for the benefit of women and children requiring aid or assistance of whatever nature, but said institutions and societies to be under the management of Protestants' is void for uncertainty.

Ratio Decidendi

The bequest is valid and effectual because the class of beneficiaries—charitable institutions for women and children under Protestant management—is sufficiently certain, and the trustees have implied discretion to select among them.

Court Disposition

Bequest upheld as valid and effectual; not void for uncertainty.

Orders

  • The direction to pay the residue to such charitable institutions or societies as specified is a valid and effectual bequest, capable of receiving effect.